Week 4 Flashcards
1
Q
What is State Responsibility?
A
- State responsible for breaches even if there is not court to deal with it
- Triggered solely by internationally wrongful conduct
2
Q
Primary Rules
A
- Found in Treaties or CIL
- Establish Concrete Obligations
3
Q
Secondary Rules
A
- Rules on State responsibility
- Specify whether a state is responsible or not
4
Q
Where to find sources of law
A
UNGA Res 56/38 (2001) : Secondary rules that help assess alleged breaches of primary rules
5
Q
Basic Rules of ARSIWA Explained
A
Art. 1 : Direct and Immediate Consequence
Art. 2 : Attribution → Action or omission of consequence
Art 3: Domestic law is never a ground to escape from Int. Responsibility
Art 27 VCLT
6
Q
Attribution
A
States act through people
A set of rules establishing the link between person committing and State
7
Q
Art 4: State Organs
A
- Conduct of State Organs = State Conduct
- Can be any position, have any function, etc.
- State agents apply when acting in official capacity
8
Q
A
